THE PRODUCTION OF OFFICE EVIDENCE BY JUDGE: CONSTITUTIONALITY OF ARTICLE 156 OF THE CRIMINAL PROCEDURE CODE IN FRONT OF THE LEGISLATIVE NEWS BROUGHT BY LAW 13.964/19

Abstract

The object of this research is based on a current topic of practical and legal relevance. The participation of the Judge on his own initiative in criminal proceedings has been a topic of frequent discussion in doctrine, in Brazilian jurisprudence and among legal professionals. This is due to the inclusion in the legal system of law 13.964/19, enshrining the accusatory system in Brazil, bringing a provision (art. 3-A) to the Code of Criminal Procedure expressly prohibiting the judge's evidentiary action without, however, revoking other provisions that allow this action. Therefore, in the course of this work, the accusatory system and the inquisitorial system will be studied in their peculiarities as well as a study through the observance of the judge's performance, explaining the possibility of the judge acting ex officio or not in the criminal process as well as the recent judgment of ADIs nº6,298, 6,299, 6,300 and 6,305. It can be seen, therefore, that the Supreme Court understood the possibility of ex officio production of evidence by the judge. The methodology used to construct this study is bibliographic in nature, based on research into jurisprudence, websites and periodicals.